Chemical Safety in Asia: Law and PracticeChapter 4Occupational Safety and Health in Asia |
Overview
Most countries in Asia have been experiencing high economic growth and continue to promote employment generation in accordance with the rapid industrialization and with the modernization of agriculture. This development has, however, a direct impact on working conditions.
There is a growing concern about safety and health at work in almost all parts of the region, as warned by available accident statistics. For example, the numbers of reported industrial accidents in Thailand and Malaysia in 1995 were 216,525 (966 fatalities) and 114,134 (828 fatalities) respectively. In the same year in China, 20,005 fatalities from work accidents, including significant numbers in mining and construction industries, were reported. The figures reported from Thailand represent nearly a three fold increase in accidents between 1990 and 1995. This increase is the reflection of industrial expansion and the improvement of reporting system.
In addition to workplace accidents injuring individual workers, which are normally not covered by the media, major accidents also continue to occur. These include a toy factory fire in Thailand in 1993 which took 188 lives of young workers; an explosion of liquefied petroleum gas in Nagothane, India, which killed 35 and injured 15 persons; and an explosion of gunpowder warehouse in Hubei, China, in 1993 which killed 63 and injured 52 persons. The number of work sites with potential to cause major accidents such as those in Bhopal which killed more than 2,500 persons by toxic chemicals, is also increasing.
Reporting on occupational diseases is still lacking in most countries in the region due to the weakness of national mechanisms to identify these diseases. However, the number of workers exposed to health hazards such as dust, toxic chemicals and noise are considered to be increasing. This hampers the analysis of these diseases as well as the formulation of comprehensive counter measures.
Existing legal framework for safety and health is still limited to the protection of workers in certain categories of workers in many countries. The enforcement of applicable occupational safety and health legislation is also often limited to large enterprises due to the inadequate inspection capacity of the smaller enterprises by the competent authorities. Thus, millions of workers in small and medium scale enterprises are not sufficiently protected by the existing legislation. In addition, workers in the informal sector are usually out of reach of most of safety and health programmes.
The expansion of information systems and training services in safety and health has still not paralleled the development of economic activities. The close relationship between productivity and safety and health has yet to be established.
Recent Developments
A number of steps have been taken recently in some countries towards the improvement of national occupation safety and health systems. An example is the ratification by Vietnam of the Occupational Safety and Health Convention ( 155), 1981 and by China of the Chemicals Convention ( 170), 1990. Other positive developments in the region include:
- the review and upgrading of legislation (i.e. Malaysia, 1994; Thailand, 1995; Fiji, 1996);
- improved financial support by workmen's compensation schemes towards accident prevention programmes (i.e. Malaysia, Thailand);
- increased training activities by employers' and workers' organizations (i.e. Jordan, Indonesia, Lebanon, Malaysia, Pakistan, Syria);
- improvement in accident reporting and analysis;
- expansion of awareness raising activities.
Improved support from workmen's compensation schemes
In several countries in the region, mechanisms to provide financial support to the prevention of occupational accidents and diseases have been established. A decision was made in Thailand in 1994 to allocate a fixed percentage of interest from the compensation fund to the preventive and rehabilitation programmes. In Malaysia, for example, the National Institute of Occupational Safety and Health (NIOSH) was established in 1992 with the contribution of 50 million Malaysian Ringgits from the workmen's compensation scheme. It has become fully operational with the inauguration of its own building in 1996. Key functions of NIOSH include training, research and advisory services. The provision of funds is also made by the workmen's compensation fund for training and provision of personal protective equipment in Indonesia. Funds have also been allocated by the social insurance institutions in Jordan and Syria for the promotion of training in the field of occupational safety and health.
Improvement in accident statistics and analysis
Significant improvements in accident statistics are observed in several countries especially where there is a close collaboration between occupational safety and health inspectorates and workmen's compensation schemes. As the coverage of the schemes has been expanded, the number of accidents in statistics increased thus enabling their meaningful analysis. In most of the countries where accident statistics depend solely on the reporting requirement under safety and health laws, the increase in the accidents has not been observed even in the countries experiencing rapid expansion of economy. In Indonesia, for example, the reported accidents are increasing but the increase is more prominent in the figures from the compensation scheme.
Training, information and awareness raising activities
Training activities are essential components of occupational safety and health programmes and are being expanded with legal backups. A notable example is the training of all construction workers in Singapore. This training in Singapore is organized in different languages including English, Thai, Chinese, Malay and Bengali. In Indonesia, training of safety committee members are promoted mobilizing private third party institutions though there is no legal requirement. In Thailand, the training of safety officers has been organized as a key legal obligation of employers with 100 or more workers and more than 10,000 safety officers have been trained since 1985. Furthermore, a new ministerial notification on occupational safety and health personnel issued in Thailand in 1997 expanded the training programme dramatically and 100,000 persons were to be trained in 1997 alone. Malaysia also started comprehensive training of safety officers in 1996. The training of occupational safety and health officers by the Syrian General Federation of Workers in cooperation with the Ministry of Labour is also considered as a landmark in the history of occupational safety and health in West Asia.
The use of information dissemination using the latest information technology such as the INTERNET has been promoted. Internet home pages on occupational safety and health have been established by the national occupational safety and health information centres in Australia, Japan, Malaysia, the Philippines and Thailand. Occupational safety and health information inquiry services as well as information dissemination through newsletters have been expended in many countries.
Awareness raising is one of the key aspects of occupational safety and health promotion. The organization of national campaigns such as a national safety week/month has become more common in the region. Significant examples are those organized in Indonesia, Thailand, Hong Kong and China. In September 1996, Malaysia launched a big national campaign on occupational safety and health including the organization of series of seminars and TV programmes. "National Safety Day" events were also organized in Pakistan in August 1996. Sri Lanka also launched the National Safety Week in October 1997.
Safety management and auditing
The setting up of safety management systems has been promoted in countries and territories such as Indonesia, Hong Kong and Singapore. In Singapore, the external auditing of safety management system became a legal requirement for a certain scale of construction sites since 1994. Hong Kong plans to introduce a new legal requirement for safety auditing. The Japan Industrial Safety and Health Association has started a service to carry out safety auditing in 1997.
Chemical safety and major hazard control
In addition to the implementation of the ILO Chemicals Convention in China ( 170), 1990, several countries including Korea and Singapore have issued regulations on the labelling and provision of chemical safety data sheets. The Korean Industrial Safety Corporation (KISCO) has started an on-line computer service to provide the information on chemicals in 1997. Korea amended the Industrial Safety and Health Law to include the requirement of the preparation of safety reports for major hazard installations in line with the
ILO Prevention of Major Industrial Accidents Convention ( 174), 1993, and more than 500 safety reports are reviewed annually by KISCO. The translation of the International Chemical Safety Cards (ICSCs) of the ILO/UNEP/WHO IPCS has been done in China, Indonesia and Japan. The ISCSs are being translated into several other languages.
Other developments
In Indonesia, the privatization of technical inspection of boilers and cranes has been promoted in recent years. The inspection of these equipment has been a key role of the inspectorate in many countries. However, there is an increasing need of inspectors to look at different aspects of occupational safety and health such as construction safety and chemical safety. Under the tight government budget in most countries, the promotion of technical inspection by authorized private third party institutions enables the shifting of manpower of the inspectorates to other fields.
Examples of the development in occupational safety and health are also covered in Chapter 5 on Occupational and Chemical Safety and Health: Law and Practice, under each country, as well as in the section on the employers' and workers' organizations.
Challenges in Promoting Occupational Safety and Health
In spite of these positive developments, many countries face common problems. Workers are generally unaware of the hazards they are exposed to. Preventive measures are taken by large enterprises, seldom by the small ones. The legal requirements on safety and health are often not complied with. Enterprises have few trained safety personnel, such as safety officers and supervisors. Accident statistics are inadequate. Labour inspectorates are limited in terms of the number of personnel and their technical expertise. Training and technical advisory services by governments and private institutions are still insufficient.
The experience of industrialized countries shows that the incidence of occupational accidents and diseases could be decreased significantly even in situations of rapid growth. The challenge is how to do so. The steps to be taken towards this common goal include:
- review of national policy on occupational safety and health and legislation under tripartite collaboration;
- improving enforcement;
- improving statistics compilation and analysis;
- developing special programmes for hazardous occupations and specific sectors;
- setting up training mechanisms;
- creation of nationwide awareness;
- arranging for the mobilization of available resources and expertise.
National policy and programmes
The establishment of a firm national policy will be a key step for the promotion of occupational safety and health. The formulation of such a policy in a manner which is integrated into national economic plans under the collaboration of government, employers' and workers' organizations, will ensure action with the commitment of the tripartite partners. Key for the success will be the formulation of a practical national programme which could be implemented progressively under local conditions on step-by-step basis. The arrangement for adequate financial support is critical for the effective implementation of the programme.
During the Eleventh Asian Regional Conference of the ILO held in November-December 1991 in Bangkok, which discussed occupational safety and health as a major agenda item; representatives of the governments and employers' and workers' organizations from all the member countries of the ILO in the region agreed that national policies and programmes should be established in each country to extend protection to all workers. They pointed out the need to take practical programmes in solving common priority problems of safety and health. They further agreed that the ILO standards should form the basis for supporting national-level action.
Review of occupational safety and health legislation
The legal standards for workplace safety and health must be set out to cover all the hazardous jobs. It is essential to provide for the responsibility of employers for all hazardous jobs in all workplaces. The employers have to have health standards laid down in relevant laws and have to take any appropriate measures to improve the safety and health of the workers exposed to risks on the job. Key points in the upgrading of occupational safety and health legislation could include:
- setting up of the national tripartite mechanism (or advisory body) for the formulation of implementation of national policy and programmes on occupational safety and health;
- clear stipulation of the employer's responsibility to protect workers' safety and health at all workplaces (regardless of the size and type of industry);
- setting up of safety and health committees at the workplace;
- appointment of qualified persons as safety officers and supervisors for hazardous work;
- responsibility of the designer, manufacturer, importer and supplier of dangerous machinery, equipment or hazardous chemicals;
- rights of workers to information and training;
- establishment of a semi-governmental body for occupational safety and health promotion and training;
- mechanisms to mobilize private sectors for training and technical inspection for such equipment as cranes and boilers;
- action required for certain hazardous jobs and installations including the major hazard installations which have potential for major industrial accidents;
- roles of government inspectorates and institutions.
The recent ILO Conventions and Recommendations, which have been reviewed in Chapter 3, provide basic principles for organizing occupational safety and health at both national and enterprise levels. These Conventions give a useful guidance in upgrading national legislation on occupational safety and health. Other important Conventions include Safety and Health in Construction Convention ( 167), 1988 and the Safety and Health in Mines Convention ( 176), 1995.
Improving enforcement of occupational safety and health legislation
It is essential to ensure the good functioning of the administration for occupational safety and health and for specific measures in hazardous occupations. The effective enforcement of existing legislation greatly contributes to the reduction of accidents and diseases without waiting for more comprehensive legislation. The appointment of adequate numbers of qualified government inspectors would be a key step. Measures in this regard would include high level decisions of the government for stricter enforcement of the laws and regulations and the technical and administrative training of existing inspectors and the recruitment of technically qualified persons. The commitment of the government with allocation of enough budget will be essential for these activities including a possible increase of the salary to secure qualified people.
In parallel to the improvement of government inspectorates, the organization of awareness raising Conventions and seminars as well as technical training programmes will be essential to create better environment for the application of occupational safety and health standards. The collaboration of employers' and workers' organizations and private occupational safety and health institutions is also important.
Development of special programmes
The development of special programmes for hazardous occupations/industries and small-scale industries is crucial for the effective use of limited financial and human resources. Priority industries should be selected based on the available information including accident statistics and analysis of economic activities of industries considered as hazardous in other countries. Priority subjects in many countries could be construction, mining, chemicals, forestry, transport, manufacturing and the prevention of major industrial accidents. Small-scale enterprises require special attention as they usually have a higher accident rate.
Each programme for hazardous industries/occupations should be comprehensive with basic analysis of problems, clarification of employers' responsibility specifying concrete requirements (what and how to do), national action for awareness raising, collaboration of all
concerned (industry associations, sector unions, government, NGOs), and training arrangements with appropriate financial arrangements and programmes.
There is also a need for promoting practical action at small-scale enterprises. The training of owners of these enterprises would be a key step as they decide and take action.
A new ILO approach called WISE (Work Improvements at Small Enterprises), which promotes action for higher productivity and better place to work, would serve as useful tool in this regard. This approach emphasizes the application of low-cost practical improvements which could use local resources. The ILO manual for this programme has been translated into many languages in the region including Bahasa Indonesia, Thai and Bengali. This programme could be organized by employers' organizations or by the governments or private institutions in close collaboration with employers' organizations.
Improving statistics compilation and analysis
Statistics on occupational accidents and diseases are the basis for priority setting for preventive actions as well as concrete programmes for identified sectors. the national systems for accident data collection should be able to provide information on the most common types of accidents and on priority industries and groups to be targeted. The collaboration of workmen's compensation schemes and the occupational safety and health inspectorate is very important as many countries have difficulties in compiling accident information from legal reporting requirements. Experiences show that the best way to compile more accurate information on the accidents and diseases is to link with a workmen's compensation scheme if it exists. If such a social security system does not exist, the development of similar systems should be examined as a matter of priority with the view to improving social protection as well as improving occupational safety and health.
The information on occupational diseases is still lacking in many countries. The development of a mechanism to identify prevailing occupational diseases is important in promoting preventive measures. The collaboration of medical doctors' associations. Ministries of Health and Labour and workmen's compensation schemes is indispensable. The training of medical doctors who would be involved in the diagnosis of occupational diseases has to be organized widely. Arrangements for the monitoring of working environments should be made. Appropriate diagnosis would be impossible without data on the exposure of workers to hazards which could cause specific diseases.
Establishment of networks of occupational health services
A national mechanism for the medical surveillance of workers exposed to health hazards and working environment monitoring of hazardous substances should be established to help employers in discharging their responsibility. The establishment of such mechanisms for comprehensive occupational health services should be promoted together with the review and upgrading of relevant legislation and training of medical, paramedical staff, industrial hygienists and engineers.
The training of medical doctors should be carried out under the close collaboration of the Ministries of Labour and Health. The existing network including provincial health centres, major hospitals, primary health care services and social security institutions should be fully utilized. the collaboration between medical personnel and engineers who play a significant role to the prevention should be promoted.
In spite of the legal requirements for the regular monitoring of working environments, there is a lack of a nationwide network of institutions for such services. The availability of services is too limited to cope with the growing number of workplaces using hazardous substances. It is necessary to encourage private sectors to start services at reasonable costs.
Arrangements should be made to train the necessary technical staff under the collaboration of relevant Ministries, universities and other institutions.
Setting up of national occupational safety and health mechanisms
The training of management, supervisors and workers is the most important aspect in the promotion of occupational safety and health since these groups are dealing directly with hazards at work. Such training should be available throughout the country. Though the safety and health inspectorate plays an important role in the promotion of occupational safety and health training, inspectors cannot organize all the necessary training. The mobilization of the private sector should be considered.
The setting up of a semi-governmental body such as the Korea Industrial Safety Corporation (KISCO), the National Institute for Occupational Safety and Health (NIOSH) in Malaysia and the Japan Industrial Safety and Health Association (JISHA) provide a firm basis for the establishment of a network of training institutions. The foundation of such bodies by a law would certainly be an advantage. In parallel to the network of qualified institutions, the stipulation of training requirements by legislation is the key to ensure the participation of relevant people in the training programmes. These training courses should also be available widely at reasonable cost.
The networking of training institutions will also enable the use of common training materials with standard curricula. The training institutions in the network could include recognized private training centres, government institutes, universities, large-scale enterprises, employers' and workers' organizations, industry associations and technical institutions.
Creation of nationwide awareness and promotional activities
It is extremely important to make the people concerned aware of both the importance of safety and health action in achieving sustainable socio-economic development and the
potential for achieving immediate improvements. Promotional activities through tripartite cooperation can play a vital role.
The organization of national campaigns on occupational safety and health is particularly useful. This could take the form of a national safety week/month undertaken every year. During the campaign, national occupational safety and health conferences, seminars and the presentation of awards to enterprises with good safety records, the use of mass media and the
wide distribution of practical information materials could be arranged. The involvement of the highest level of government officials could also be very effective.
Promotional activities should also be organized continuously hand in hand with training arrangements. The organization of industry specific promotional activities would be effective in view of the common hazards and difficulties as well as sharing of successful experiences.
Mobilization of available resources and expertise
Allocation of funds and human resources is essential in promoting occupational safety and health. Such funding should be sought through multiple channels. The key financial resource at the national level is the government regular budget. Another resource could be the workmen's compensation scheme. In many countries, funds are allocated to the preventive programmes from the workmen's compensation fund with the understanding that the reduction in accidents would result in the reduction in the expenditure from the fund. The establishment of an occupational safety and health promotional body with the membership of employers would be another way to mobilize the funds for training and promotional activities.
The protection of workers is the primary responsibility of the employers. The clarification of this in the legislation would also be the basis to ensure the allocation of the necessary budget within enterprises. Further stipulation of training requirements for personnel at enterprise level such as the safety officer, members of a safety and health committee, and supervisors for hazardous jobs could be considered as a means for mobilization of resources.
The incorporation of safety and health subjects in the curricula of vocational training programmes and school education might be sought. Such integration will result in the enhanced awareness and the reduction of accidents in a longer term.
Similarly, the mobilization of available technical specialists in different ministries, universities and industries should be arranged. In most countries, the networking of institutions active in the field of occupational safety and health would facilitate the exchange of information and experience which enable the mobilization of specialists in training, research and advisory activities. The establishment of associations of specialists in specific categories such as safety officers, industrial physicians and industrial hygienists could be considered.
Thorough discussion and consensus by the government and employers' and workers' organizations at a forum such as a National Tripartite Advisory body would be the key for the development of effective mechanisms for mobilizing financial and technical resources.
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